Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
Cabanas vs. Pilapil
GR No. L-25843, July 25 1974, 58 SCRA 94
FACTS:
The disputants in this appeal are the mother and the uncle of a minor beneficiary of the proceeds of an insurance policy issued on the life of her deceased father.
The dispute focuses as to who of them should be entitled to act as trustee thereof.
The insured, Florentino Pilapil had a child, Millian Pilapil, with a married woman, the plaintiff, Melchora Cabanas. She was ten years old at the time the complaint was filed.
The defendant, Francisco Pilapil, is the brother of the deceased.
The deceased insured himself and instituted as beneficiary, his child, with his brother to act as trustee during her minority.
Upon his death, the proceeds were paid to him.
Hence this complaint by the mother, with whom the child is living, seeking the delivery of such sum. She filed the bond required by the Civil Code.
Read: Wylie vs. Rarang
Defendant would justify his claim to the retention of the amount in question by invoking the terms of the insurance policy.
ISSUE:
Whether or not the mother is entitled to act as the trustee of a minor beneficiary of the proceeds of an insurance policy.
HELD:
Yes.
What is paramount is the welfare of the child.
It is in consonance with such primordial end that Articles 320 and 321 of the Civil Code have been worded.
Article 320 provides that:
In the event that there is less than full measure of concern for the offspring, the protection is supplied by the bond required.
With the added circumstance that the child stays with the mother, not the uncle, without any evidence of lack of maternal care, the decision arrived at can stand the test of the strictest scrutiny.
It is further fortified by the assumption, both logical and natural, that infidelity to the trust imposed by the deceased is much less in the case of a mother than in the case of an uncle.
The appealed decision is supported by another cogent consideration.
Read: Oposa vs. Factoran
It is buttressed by its adherence to the concept that the judiciary, as an agency of the State acting as parens patriae, is called upon whenever a pending suit of litigation affects one who is a minor to accord priority to his best interest.
It may happen, as it did occur here, that family relations may press their respective claims.
It would be more in consonance not only with the natural order of things but the tradition of the country for a parent to be preferred.
GR No. L-25843, July 25 1974, 58 SCRA 94
FACTS:
The disputants in this appeal are the mother and the uncle of a minor beneficiary of the proceeds of an insurance policy issued on the life of her deceased father.
The dispute focuses as to who of them should be entitled to act as trustee thereof.
The insured, Florentino Pilapil had a child, Millian Pilapil, with a married woman, the plaintiff, Melchora Cabanas. She was ten years old at the time the complaint was filed.
The defendant, Francisco Pilapil, is the brother of the deceased.
The deceased insured himself and instituted as beneficiary, his child, with his brother to act as trustee during her minority.
Upon his death, the proceeds were paid to him.
Hence this complaint by the mother, with whom the child is living, seeking the delivery of such sum. She filed the bond required by the Civil Code.
Read: Wylie vs. Rarang
ISSUE:
Whether or not the mother is entitled to act as the trustee of a minor beneficiary of the proceeds of an insurance policy.
HELD:
Yes.
What is paramount is the welfare of the child.
It is in consonance with such primordial end that Articles 320 and 321 of the Civil Code have been worded.
Article 320 provides that:
The father, or in his absence the mother, is the legal administrator of the property pertaining to the child under parental authority. If the property is worth more than two thousand pesos, the father or mother shall give a bond subject to the approval of the Court of First Instance.Likewise Article 321 provides that:
The property which the unemancipated child has acquired or may acquire with his work or industry, or by any lucrative title, belongs to the child in ownership, and in usufruct to the father or mother under whom he is under parental authority and whose company he lives;There is recognition in the law of the deep ties that bind parent and child.
In the event that there is less than full measure of concern for the offspring, the protection is supplied by the bond required.
With the added circumstance that the child stays with the mother, not the uncle, without any evidence of lack of maternal care, the decision arrived at can stand the test of the strictest scrutiny.
It is further fortified by the assumption, both logical and natural, that infidelity to the trust imposed by the deceased is much less in the case of a mother than in the case of an uncle.
The appealed decision is supported by another cogent consideration.
Read: Oposa vs. Factoran
It is buttressed by its adherence to the concept that the judiciary, as an agency of the State acting as parens patriae, is called upon whenever a pending suit of litigation affects one who is a minor to accord priority to his best interest.
It may happen, as it did occur here, that family relations may press their respective claims.
It would be more in consonance not only with the natural order of things but the tradition of the country for a parent to be preferred.